Can a court order production of a plaintiff’s passport to be cross-examined on an affidavit?
Alberta, Canada
The following excerpt is from Dow Chemical Canada Inc. v. Shell Chemicals Canada Ltd., 2008 ABQB 671 (CanLII):
In Luo v. Wang 2003 CarswellAlta 572, a defendant moved to set aside an earlier ex-parte freezing order, and cross-examined the plaintiff on her affidavit. The plaintiff gave an undertaking on that cross-examination to produce records from China relating to the tracking of money between the parties. The defendant applied for an order compelling production of the plaintiff’s passport, which would show travel dates for her. The court considered various rules of court, the inherent jurisdiction of the court, and earlier Alberta decisions. In the end the court ruled that the questions regarding the passport were a relevant enquiry and “would be within the legitimate scope of an examination on undertakings related to an examination on an affidavit.” The decision is supportive of the need for undertakings to be restricted to important issues, as the court observed in that case, the undertakings related to an issue which was “not a peripheral or minor matter in this lawsuit.”
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